Notification from the Supreme Court on Delhi’s appeal against the appointment of 10 nominated members to the MCD

Last Updated on March 31, 2023 by Administrator

Issue – The Delhi Government petitioned the Supreme Court to invalidate notifications via which the Delhi Lieutenant Governor (LG) selected 10 nominees to the Municipal Corporation of Delhi (MCD) on his own initiative and without the support or counsel of the Council of Ministers.

Facts of the case – According to the petition, the appointments were made in accordance with Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), which states that the Municipal Corporation of Delhi shall include, aside from the elected councillors, ten persons of not less than 25 years of age who have special expertise or previous experience in municipal administration, “to be nominated by the Administrator.”

Arguments – The LG’s nominations are against the constitution since they are made at his own discretion without the help or counsel of the Council of Ministers. According to the petition, the LG had two options: accept the names that the elected administration had suggested for nomination to the MCD, or reject the recommendation and submit it to the President.

Reasoning – It is important to notice that nowhere does the legislation or the clause state that the Administrator must make the nomination at his or her discretion. As a result, according to the structure of Article 239AA of the Constitution, the term “Administrator” must necessarily be understood as Administrator/Lt. Governor, acting with the assistance and advice of the Council of Ministers. The Lieutenant Governor was also required to make nominations with the assistance and advice of the Council of Ministers.

Provisions used in the case – Article 239AA, Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 

Case – Govt of NCT of Delhi v. Ojce of Lieutenant Governor of Delhi WP(C)

Written by – Nikita Shankar